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HomeMy WebLinkAbout1973-12-18 VFW Front Yard Setback Variance & Special Use Permit (Variance Approved 12-10-1973) , z, - � 3 V OF OAK PARK HEIGHTS ri/I NNESOTA ` APPLICATION FORM ',9 qq• ��"" ( -. I\ ) NOTE TO APPLICANT: FILL IN OR CHECK ONLY THOSE ITEMS PERTAINING TO YOUR REQUEST. REVIEW PROCEDURE DATA SHEET. (TYPE OR PRINT) I. GENERAL DATA I NAME OF APPLICANT / ^ czS 2 ADDRESS v T"f( 9 Om 4114 TELEPHONE PROPERTY OWNERS 3 `- 3 9 —7d %2 4 I NAME II. SITE DATA I LEGAL DESCRIPTION (IF MEETS LOA"" BLOCK AND BOUNDS ATTACH TO APLN.) %) • ) L /,2 /r 0 r — "7 , j RI. PIgAT f 9 2 SITE AREA (IN SQUARE FEET OR ACRES) I 3 I PRESENT ZONING 4 EXISTING USE OF PROPERTY III. TYPE OF APPLICATION LANNEO UNIT DEVELOPMENT I CONCEPT S 76 GENERAL PLAN I 5 100 I REZONING I $ 45 VARIANCE 5 5 free SPECIAL USE PERMIT I $ 48 I • AMEND. SPEC. USE PER. $ 50 PLAT 560+ VACATIONS- STREET /ALLEY $ 10 ■ SIGNATURE - APPLICANT SIGNA RE OWNER • G� IV. ADMINISTRATIVE `/ STAF E ONLY • APPLICATION REC'Dn �f HY (INITI %qya�� I DATE FEE NO QUIP PL REVIEW �C� /7 � DATE COJNCIL ACTION I DATE !1 _ j0 1 APPROVED w / I DENIED COMMENTS: �`%(� V A/0- / ,q/l G� �;� .3Q - d e ` r , ,g '' / , - - /- ' ; 9 -72 MEMORANDUM n January 9, 1974 OAK PARK HEIGHTS COUNCIL From: Otto Schmid, Planner Subject: Special Use Permit - Variance Requests Requests: (1) Special Use Permit to erect a chain -link fence (Action Rentals, Inc.) 5740 Osgood Avenue North (2) Special Use Permit to operate a club (VFW Post) in the limited business (LB) zoned area. C O Variance for the VFW Post #323 for a front yard setback of 30 feet from 40 feet required. (1) Special Use Permit Request - Action Rentals The planner's memo of December 7, 1973 indicated that the Council should probably re- quest a special use permit. The application has been received and the following comments •'■ are presented for the Council's information. In dealing with requests of this nature, two important aspects regarding outside storage should be kept in mind. They are the type of material that is to be stored and the phy- sical appearance of the storage area. These aspects are obviously related to one another. The fact that this storage area will be located beneath the transmission lines indicates that the nature of the materials to be stored should not be of a flammable nature. In addition, it has been indicated that the materials to be stored will, for the most part, not be related to the business that is being carried on in the adjacent building occupied by Action Rentals. As noted above, if is important to pay particular attention to the treatment given to the perimeter of the storage area. I have included, for your review, a letter dated December 18, 1973, that was mailed to Mr. Norvin Swager for the pur- pose of outlining a suggested treatment concerning planting materials along the perimeter of the storage area 0 Request for a Special Use Permit - VFW Post #323. Section 5.03 (green zoning book) of the Zoning Code indicates the general conditions and procedures needed for the issuance of a special use permit. It is my understanding /•■ that the Council has indicated their favor for the requested permit, but I do not believe that the conditions of the ordinance have been met as they relate to notices and proper hearings. The same would be true in the case concerning the request for a special use permit in item 1 above. In as much as this particular structure is under construction and was under construction prior to the necessary permits being issued, it would now seem to be difficult, at best, to answer some of the questions that might have been answered at an earlier time. The original site plan that was submitted did, in fact, locate a proposed road somewhere to the south of the building running in an east -west direction from Omaha to Olene Avenue. At this time, we are not aware of the status of that road, nor its necessity as far as traf- fic circulation is concerned. These types of items should be handled prior to the issuance of permits, and are the reasons that the permits are required. Basically, the following procedure is suggested when attempting to obtain a special use permit. Upon completion of the application form, the petitioner should submit a plot plan and a copy of the application, and any other material he believes necessary to explain his proposal to the Village Planner at least seven days prior to the Council meet - ing at which he wishes to be heard. The original copy of the application should be submitted to the Village Clerk, along with the required fee, and this should be done at least seven days prior to the Council meeting. In addition to the applications and the plot plans, the petitioner must supply the clerk with a mailing list of adjoining property owners, up to 250' from the proposed project. This list can be obtained from the County Auditor. The Planner then prepares his report and mails it to the petitioner and the Village Council prior to the meeting. The Clerk would notify the surrounding property owners of the time and place of the scheduled hearing. The Council is required to take action on the application within 60 days after the request is placed on their agenda. It is not unusual for the Council to review and take action on the same evening that the item first appears on the agenda; however, the Council may postpone taking action to a later date if they believe further information is needed. Along the lines of additional information, besides the indicated new road that was men- tioned previously, the Council has not received a proposed landscaping plan for this 1 building, and therefore, probably never will. (3) Variance Request - VFW - Proposed Setback from Omaha of 30 feet - Required Setback: 40 feet. Again, this indicates the necessity for following procedures when issuing the various per - mits required in the Village of Oak Park Heights. The original site plan that was sub - mitted for the building indicated that a front yard setback of 40 feet from the street to the building was proposed. The second site plan that was submitted indicated a setback of 30 feet from the street to the building. The building was under construction prior to the necessary permits being issued, and therefore, the building is now in a non - conforming P."... - n situation as it relates to the zoning code in your community. I would suggest, rather than granting the variance for which there appears to be no hardship involved, I would suggest that the building be left in a non - conforming situation rather than setting a precedence for future situations that may arise from time to time. The other choice would be to grant the variance, or to change your zoning code to allow a 30 foot set- back from the street. In either case, the consequences of all the choices should be weighed very carefully before a final decision is made.